Can his father go for full custody?
I am currently living with my partner and my son in a one bedroomed flat. I have moved into another city and my son is going to a better school now, where his grades have improved. Also I had to sell the house I was living in as I couldn't afford the mortgage. My ex husband and I have been parted for nearly 3 years and in those years, all he has given me is £300 and £17k debt, which I have paid off when I sold the house.
He refuses to pay maintenance to my son, and the CSA has had various contacts with him but I have not yet recieved any money.
He only sees him from 7pm on a friday and returns at 1pm on a sunday, every 3 weeks. Some times it's hit and miss.
He has just decided to ask my son if he wants to live with him permenantly, and I am worried that he will want him full time.
I am worried that he can do this (as it wasn't decided in the devorce), and I don't want to take my son out of school as next year will be his STATS year.
I am really worried, I need HELP!!
Answers:
Your ex-husband will have to make an application through the court and this will be a fairly lengthy process. You will both be represented and so will your son, via a Guardian ad Litem, whose concern will be his interests. Meanwhile, your son will be getting on with his SATS and will be settling down at school and making friends. The court will be very reluctant, to put it mildly, to disrupt his life, especially as it was so recently disrupted when you moved to another city. It is not clear what, precisely, your husband has to offer in terms of accommodation and general care, but so far he doesn't seem to have distinguished himself particularly as a caring parent. (He will, of course, claim otherwise.) Your son's views will be taken into account and you say nothing about those. Most boys prefer to stay with their mothers at this stage (I am guessing he is still at primary school, but of course he could already be at secondary school). What does he think? If he is happy living with you and your partner and if he is happy at school, then I don't see your husband's application being successful. In fact, if your son tells him that he doesn't want to live with him permanently, then maybe he won't want to make an application at this stage.
I would seek some independent legal advice or, search around on the internet to see where the law stands. I would imagine that the needs of the child are put first and clearly, if he is settled in a new school and happy, it is unlikely that you will lose custody of him. The fact that his father has not paid for his maintenance and is does not always keep to his visits will not look favourable on him. Be strong and determined but make sure you get some expert advice on this. Clearly, the father has a right to see his child and although probably a pain for you - in the long run it is a good thing for your son to know his father wants to spend time with him. Good luck.x
As a single dad i would say go see a solicitor as i think he could
I do believe the only way he can get full cusdoy without your consent is to prove you an unfit parent. I would ask someone with more knowledge on this matter, though. Keep in mind that any children over the age of 12 have a say in the matter under most conditions.
he can try, but i would be very surprised if he gets it, with his track record, judges dont just hand children over because the father asks for custody, everything will be taken into consideration plus he would have to proove you are an unfit mother, he has not got a cat in hells chance,
If he tries to take full custody, take it to court. If he leaves you with no way of supporting your child, then expect to take him, the courtroom is the place where it can come to an end. Many people are intimidated by the thought, but thats the only way you can make sure this ex, who doesnt seem to be helping raise the child much, can be kept from gaining full control.
His father could attempt to take custody, but his chances are not very good. He would have to show stability in court in order for a judge to grant that custody, while further proving that you are unfit or are living a lifestyle that is in some way inferior to the one that he could provide to your child. His history of non payment and his previous sporadic visits should be all the evidence a judge would need to deny him full custody.
However.I don't know about England although I imagine it's somewhat similiar, there IS a legal age in America where a child can choose which parent to live with if they can prove that they have made a reasonable and well thought out decision.
Bottom line...if your son wants to stay with you, I doubt you have anything to worry about. Good luck to you and don't stop trying! You've overcome a lot of adversity and some more breaks are sure to go your way!!!
Well here in the UK your ex can indeed apply for full custody if he so wishes- the boy belongs to you both and there is no reason why he should not. You are both equally responsible for his care.That having been said you could apply for a residence order (used to be about £50) now to prevent him taking him away- you will need this- you need to act now and see a solicitor- my sister had the same problem with her little girl. Her husband just kept her one visit and there was nothing my sister could do. In the end she resorted to blackmail and he handed the child back because he didn't really need the police knocking on his door at the moment. I don't want to frighten you but it can happen.
Your child will not be asked who he wants to live with until he is 11- courts do not deem a child capable of deciding that until he is that age- but you really need to get this sorted now.
Good Luck.
Go to CAB or solicitor that could give you 30 minutes free. Have you asked him why he wants his son to live with him. Seems strange as he hasn't seen that much of him. I would be very suprised if any judge would wrench this child from you just because dad now wants him. I am sure he would have to have a very good reason. Especially looking at his past record of little support. Courts don't take children out of a secure, stable enviroment without good cause, remember that and good luck.
how old is your son? the law now take what a child wants into consideration, however the needs of the child need to be met so who ever provides the best care and stability will win, if you are so worried seek legal advice
No reason why he couldn't try in this day of equal rights and all that jazz...
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: